Mobile, AL Surgical Error Attorney

Filing Claims for Surgical Injuries in Alabama

When surgical errors occur they can cause significant harm to patients and their families. If you have been a victim of a surgical error, our Alabama surgical error lawyers at Cunningham Bounds are here to help you seek justice and compensation.

Our team will thoroughly investigate your case, consult with medical experts, and fight aggressively on your behalf. We are committed to helping you secure a favorable settlement.

Call (251) 299-0101 or contact us online today to request a free consultation.

What is a Surgical Error?

A surgical error refers to a mistake or negligence made by a surgeon or the surgical team during a surgical procedure. These errors can lead to severe consequences for the patient, causing injuries, complications, or even death. Medical malpractice occurs when healthcare professionals deviate from the standard of care expected in their field, resulting in harm to the patient.

Common causes of surgical errors include:

Lack of Communication: Miscommunication between members of the surgical team can lead to errors, such as performing the wrong procedure or operating on the wrong body part.
Fatigue and Burnout: Overworked surgeons and medical staff are at a higher risk of making errors due to fatigue, which can impair judgment and motor skills.
Inadequate Preoperative Planning: Insufficient evaluation of a patient's medical history, failure to identify potential risks, and inadequate planning for the surgery can lead to errors during the procedure.
Technical Errors: Mistakes during surgery, such as accidental damage to adjacent organs, nerves, or blood vessels, can result in serious complications.
Incompetence and Inexperience: Surgeons who lack the necessary skills, training, or experience may be more prone to making errors during surgery.
Lack of Supervision or Oversight: In some cases, surgical errors occur due to a lack of proper supervision or oversight from senior medical staff.
Poor Communication with the Patient: Inadequate communication between the surgeon and the patient regarding the risks, benefits, and alternatives of the procedure can lead to misunderstandings and unrealistic expectations.
Inadequate Postoperative Care: Negligence in providing appropriate postoperative care can lead to complications or delayed recognition of surgical complications.
Use of Faulty or Improperly Maintained Equipment: The use of defective surgical instruments or equipment can contribute to surgical errors.
Drug or Medication Errors: Administering the wrong medication or incorrect dosage during surgery can have serious consequences for the patient.
Emergency Situations: In urgent or emergency surgeries, the pressure to act quickly can increase the likelihood of errors.
Impaired Surgeons: Surgeons operating under the influence of drugs, alcohol, or other impairing substances can pose significant risks to patients.

Who is Liable for a Surgical Error?

In a medical malpractice claim for a surgical error, liability typically depends on the specific circumstances of the case.

Generally, the following parties could be held liable:

Surgeon: The primary responsibility for a surgical procedure lies with the surgeon performing the operation. If the surgeon's actions or decisions are deemed negligent or below the accepted standard of care, they may be held liable for any resulting injuries or damages.
Medical Staff: Other medical professionals involved in the surgery, such as nurses, anesthesiologists, or surgical assistants, could also be held liable if their actions or negligence contributed to the surgical error.
Hospital or Medical Facility: In some cases, the hospital or medical facility where the surgery took place might be held liable. This can happen if there were issues with hospital policies, inadequate training, or systemic problems that contributed to the surgical error.
Medical Device Manufacturers: If the surgical error was caused by a defective or malfunctioning medical device used during the procedure, the manufacturer of that device might be held responsible for the resulting harm.
Preoperative and Postoperative Care: Liability might extend beyond the surgical procedure itself. If there were errors in preoperative or postoperative care, such as failure to provide proper instructions or follow-up care, the responsible parties could be held liable.

To establish liability in a medical malpractice claim, the plaintiff (the injured party) typically needs to prove (1) there was a doctor-patient relationship, (2) the healthcare provider owed the patient a duty of care to provide treatment in line with the accepted medical standards, (3) the healthcare provider breached their duty of care by acting negligently or failing to meet the standard of care expected of them, (4) the breach of duty directly caused the patient's injuries or harm, and (5) the patient suffered quantifiable damages, such as physical injuries, pain and suffering, medical expenses, lost wages, or other economic and non-economic losses.

How We Can Help

If you have suffered harm due to a surgical error in Alabama, it is important to consult with a skilled surgical error attorney who can protect your rights. At Cunningham Bounds, our dedicated team of attorneys has extensive experience handling surgical error cases. We will work diligently to hold the responsible parties accountable and seek the compensation you deserve.

Contact us today at (251) 299-0101 to schedule a free consultation.

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